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I filed for bankruptcy in MI but I have a pending lawsuit to enforce judgement of payment for PIP. What should I do?

Bay City, MI |

The PIP was won against USAA in 2009 and they have continuously failed to pay for medical care to doctors, care givers and meds. The lawsuit evaluation is in March and of course my lawyer backed out on me. Can I still fight to get these people paid even though I filed for Bankruptcy?

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Attorney answers 2


I am confused. You mean you have a pending claim against your own auto insurance for a car accident that took place BEFORE you filed bankruptcy? If THAT is the case, you should have listed that claim as a potential asset on your bankruptcy petition AND the trustee would probably have "taken over" the lawsuit. You need to discuss this issue with your bankruptcy attorney. Good luck.

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I agree that if you have a lawsuit, that should be listed as an asset (and exempted to the fullest extent possible). If you have filed for bk, you should be asking your bk attorney regarding this matter as he knows what happened much more than you can explain.

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